Case: 1:13-cv-06962 Document #: 1 Filed: 09/27/13 Page 1 of 18 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) PFIZER INC., WYETH LLC, PFIZER PHARMACEUTICALS LLC, PF PRISM C.V., and ) ) PFIZER MANUFACTURING HOLDINGS LLC, ) Plaintiffs, ) ) v. ) ) ) APOTEX INC., and APOTEX CORP. ) ) Defendants. ) COMPLAINT Plaintiffs Pfizer Inc., Wyeth LLC, Pfizer Pharmaceuticals LLC, PF PRISM C.V., and Pfizer Manufacturing Holdings LLC (collectively, Pfizer), by their attorneys and for their Complaint against Defendants Apotex Inc. and Apotex Corp., (collectively Apotex), allege as follows: NATURE OF THE ACTION 1. This is an action for patent infringement under the patent laws of the

Civil Action No. 13-6962

United States, Title 35, United States Code, that arises out of the submission by defendant Apotex Inc. of an Abbreviated New Drug Application (ANDA) to the U.S. Food and Drug Administration (FDA) seeking approval to manufacture and sell a generic version of Pfizers TYGACIL tigecycline injectable IV infusion, (TYGACIL) prior to the expiration of U.S. Patent No. 8,372,995 (the 995 patent). PARTIES 2. Plaintiff Pfizer Inc. is a corporation organized and existing under the laws

of the Delaware and having a place of business at 235 East 42nd Street, New York, New York 10017.

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3.

Plaintiff Wyeth LLC is a limited liability company organized and existing

under the laws of Delaware and having a place of business at 5 Giralda Farms, Madison, New Jersey 07940. Wyeth LLCs sole member is Pfizer Inc. 4. Plaintiff Pfizer Pharmaceuticals LLC is a limited liability company

organized and existing under the laws of Delaware and having a place of business at Bo. Carmelitas, Road 689, Km 1.9, Vega Baja, Puerto Rico 00693. Pfizer Pharmaceuticals LLC is a wholly-owned subsidiary of PF PRISM C.V. 5. Plaintiff PF PRISM C.V. is a limited partnership (commanditaire

vennootschap) organized and existing under the laws of the Netherlands, and registered at the trade register held by the Chamber of Commerce in Rotterdam, the Netherlands, under number 51840456, with offices at Blaak 40 basement, 3011 TA, Rotterdam, Netherlands. PF PRISM C.V. is the holder of New Drug Application No. 21821, which has been approved by the FDA. 6. Plaintiff Pfizer Manufacturing Holdings LLC is a limited liability

company organized and existing under the laws of Delaware and having a place of business at 235 East 42nd Street, New York, New York 10017. Pfizer Manufacturing Holdings LLC is a general partner of PF PRISM C.V. 7. Upon information and belief, defendant Apotex Corp. is a corporation

organized and existing under the laws of Delaware, having its principal place of business at 2400 North Commerce Parkway, Suite 400, Weston, Florida 33326. 8. Upon information and belief, defendant Apotex Inc. is a corporation

organized and existing under the laws of Canada, having its principal place of business at 150 Signet Drive, Toronto, Ontario M9L 1T9, Canada.

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9.

Upon information and belief, Apotex Inc. is in the business of

manufacturing, marketing and selling generic drug products. As a part of this business, upon information and belief, Apotex Inc., directly or through agents (including but not limited to Apotex Corp.), regularly files ANDAs with the FDA seeking approval to engage in the commercial manufacture, use, offer for sale, sale, and/or importation of generic versions of drug products that are covered by United States patents. Upon information and belief, as a part of these ANDAs, Apotex Inc., directly or through agents (including but not limited to Apotex Corp.), regularly files certifications of the type described in Section 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug, and Cosmetic Act (FDCA) to engage in the commercial manufacture, use, offer for sale, sale, and/or importation of generic drug products prior to the expiration of U.S. patents that cover them. Upon information and belief, Apotex Inc.s ordinary business

operations include litigating and filing claims in the courts of the United States, including the United States District Court for the Northern District of Illinois, regarding the infringement, validity, and/or enforceability of United States patents that cover or are alleged to cover generic drug products that are the subject of ANDAs filed by Apotex. 10. Upon information and belief, Apotex Inc. manufactures drug products for

the purpose of sale within the United States, including in this District, by Apotex Corp. 11. Upon information and belief, Apotex Corp. is a wholly-owned subsidiary

of Apotex Inc. that serves as Apotex Inc.s United States sales agent and distributor and sells and offers for sale Apotex Inc.s drug products throughout the United States, including in this District. Upon information and belief, Apotex Inc. derives substantial revenue from services or things used or consumed in this District. Apotex Inc. has stated on its website that Apotex Inc.

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serves a marketplace of over 115 countries, and is committed to growth on a global basis through affiliates such as Apotex Corp. in the United States of America. 12. Upon information and belief, Apotex Inc. and Apotex Corp. are two arms

of the same business group, operate in concert with each other, and enter into agreements with each other that are nearer than arms length. Upon information and belief, employees of Apotex Inc., including Apotex Inc. CEO Dr. Bernard Sherman, frequently speak on behalf of Apotex Corp. Apotex Inc. has also stated on its website that Apotex is a vertically integrated company with a preference . . . to develop, manufacture and market our own productsfrom API to finished dosage form to marketing and distribution. 13. The Notice Letter listed Kiran Krishnan, the VP, US Regulatory Affairs

of Apotex Corp as the agent in the United States authorized to accept service of process for Apotex. 14. Upon information and belief, the website of Apotex Corp. is Upon information and belief, apotexcorp.com is registered to

http://www.apotexcorp.com.

Apotex at the Ontario address of Apotex Inc., and the administrative and technical contact listed by the Internet domain registrar for apotexcorp.com is an employee of Apotex Inc. Upon information and belief, visitors to http://www.apotexcorp.com are redirected to a web page on the website of Apotex Inc., http://www.apotex.com, that is directed towards and is accessible to residents of the United States, including this District, and that makes available a product catalog describing and marketing products sold, through Apotex Corp., in the United States, including this District. JURISDICTION AND VENUE 15. Jurisdiction and venue are proper in this District pursuant to 28 U.S.C.

1331, 1338(a), 2201, 1391, and 1400(b). 4

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16.

Apotex Corp. is subject to personal jurisdiction in this District because,

among other things, upon information and belief, Apotex Corp. maintains an office within this District; it is in the business of marketing drug products, which it distributes and sells throughout the United States, including in this District; it derives substantial revenue from services or things used or consumed in this District; it transacts business with companies located and/or headquartered in this District; and, upon receiving FDA approval, it intends to offer to sell and sell the generic product described in ANDA No. 204439 in the United States, including in this District. 17. Apotex Inc. is subject to personal jurisdiction in this District because,

among other things, upon information and belief, Apotex Inc. is in the business of manufacturing drug products which it manufactures, distributes, and sells or offers to sell, primarily through Apotex Corp., throughout the United States, including in this District; it derives substantial revenue from services or things used or consumed in this District; it transacts business with companies located and/or headquartered in this District; as part of its ordinary business practice of engaging in U.S. patent litigation, it has regularly and routinely litigated ANDA cases without contesting jurisdiction in this District, including by availing itself of this forum by filing counterclaims, seeking transfer of ANDA claims to this forum, and designating agents for the purposes of receiving process in ANDA actions in this forum; it has, directly or through an agent, filed an ANDA, and/or been actively involved in the preparation and submission of an ANDA, for the purpose of seeking approval to engage in the commercial manufacture, use, offer for sale, sale, and/or importation of the generic product described in ANDA No. 204439 in the United States, including in this District; upon receiving FDA approval, it intends to offer to sell and sell, primarily through Apotex Corp., the generic product described in ANDA No. 204439

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throughout the United States, including in this District; and Apotex Corp., acting as Apotex Inc.s agent and/or alter ego, regularly does and solicits business in this District and is engaged in a persistent, continuous and systematic course of conduct in this District in which it distributes, sells, and offers to sell Apotex Inc.s drug products in this District and derives substantial revenue from services or things used or consumed in this District on behalf of Apotex Inc. 18. Upon information and belief, both Apotex Corp. and Apotex Inc. have on

multiple occasions consented to personal jurisdiction in patent infringement actions in this District, including in Ortho-McNeil Pharmaceutical, Inc. v. Apotex, Inc., No. 1:07-cv-04050 (N.D. Ill.); Nycomed GmbH and Wyeth v. Apotex Inc. and Apotex Corp., No. 1:08-cv-00827 (N.D. Ill.); Pfizer Inc., et al. v. Apotex Inc. and Apotex Corp., No. 1:08-cv-07231 (N.D. Ill.); Nycomed GmbH and Wyeth v. Apotex Inc. and Apotex Corp., No. 1:09-cv-04999 (N.D. Ill.); Abbott Laboratories, Inc. and Abbott GmbH & Co., KG v. Apotex Inc. and Apotex Corp., No. 1:09-cv-07968 (N.D. Ill.); and, most recently, on May 10, 2013 in Pharmaciea & Upjohn Company LLC and Pfizer Asia-Pacific Ptd. Ltd. v. Apotex, Inc. and Apotex Corp., No. 1:13-cv02034 (N.D. Ill.). 19. Upon information and belief, Apotex Inc. and Apotex Corp. have availed

themselves of the legal protections of this District and the State of Illinois by filing claims or counterclaims affirmatively seeking relief in other prior actions in this Court, including in OrthoMcNeil Pharmaceutical, Inc. v. Apotex, Inc., No. 1:07-cv-04050 (N.D. Ill.); Nycomed GmbH and Wyeth v. Apotex Inc. and Apotex Corp., No. 1:08-cv-00827 (N.D. Ill.); Pfizer Inc., et al. v. Apotex Inc. and Apotex Corp., No. 1:08-cv-07231 (N.D. Ill.); Nycomed GmbH and Wyeth v. Apotex Inc. and Apotex Corp., No. 1:09-cv-04999 (N.D. Ill.); Abbott Laboratories, Inc. and Abbott GmbH & Co., KG v. Apotex Inc. and Apotex Corp., No. 1:09-cv-07968 (N.D. Ill.); and,

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most recently, on May 10, 2013 in Pharmacia & Upjohn Company LLC and Pfizer Asia-Pacific Ptd. Ltd. v. Apotex, Inc. and Apotex Corp., No. 1:13-cv-02034 (N.D. Ill.). BACKGROUND 20. TYGACIL is a tetracycline class antibacterial indicated for the treatment

of complicated skin and skin structure infections, complicated intra-abdominal infections, and community-acquired bacterial pneumonia, in adults. Each TYGACIL vial contains 50 mg tigecycline lyophilized powder for reconstitution for intravenous infusion and 100 mg of lactose monohydrate. 21. In 2011, PF PRISM C.V. took an exclusive license to application no.

11/440,032 (which later issued as the 995 patent). Thereafter, PF PRISM C.V. contributed its rights under the exclusive license to Pfizer Pharmaceuticals LLC. 22. The 995 patent, entitled Crystalline Solid Forms of Tigecycline and

Methods of Preparing Same (Exhibit A hereto), was duly and legally issued on February 12, 2013 to Wyeth LLC, as assignee, and subject to the exclusive license referenced herein. TYGACIL and the use thereof are covered by one or more claims of the 995 patent, which has been listed in connection with TYGACIL in the FDAs publication Approved Drug Products with Therapeutic Equivalence Evaluations, also known as the Orange Book. 23. Pfizer has all right, title, and interest in the 995 patent, including the right

to sue for infringement thereof. 24. By letter dated August 13, 2013 (the Notice Letter), Apotex notified

Pfizer that Apotex had submitted to the FDA ANDA No. 204439 for tigecycline injectable IV infusion, 50 mg/vial (Apotexs ANDA Product). Apotexs ANDA Product is a drug product that is a generic version of TYGACIL.

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25.

The purpose of Apotexs submission of ANDA No. 204439 was to obtain

approval under the FDCA to engage in the commercial manufacture, use, offer for sale, sale, and/or importation of Apotexs ANDA Product prior to the expiration of the 995 patent. 26. In the Notice Letter, Apotex also notified Pfizer that, as part of its ANDA

No. 204439, Apotex had filed certifications of the type described in Section 505(j)(2)(A)(vii)(IV) of the FDCA, 21 U.S.C. 355(j)(2)(A)(vii)(IV), with respect to the 995 patent. Upon

information and belief, Apotex submitted ANDA No. 204439 to the FDA containing a certification pursuant to 21 U.S.C. 355(j)(2)(A)(vii)(IV) asserting that the 995 patent will not be infringed by the manufacture, use, offer for sale, sale, or importation of Apotexs ANDA Product. 27. In the Notice Letter, Apotex asserted that the Apotex ANDA Product does

not infringe any claim of the 995 patent because it is amorphous, and does not have X-ray powder diffraction peaks at about 5.2 2, about 8.3 2, about 11.1 2, and about 24.8 2. Apotex also asserted that the Apotex ANDA Product would not infringe any claim of the 995 patent because the three claimed peaks are each independent required limitations of claims 110. 28. In the Notice Letter, Apotex included an Offer of Confidential Access to

certain information from its ANDA 204439, subject to certain specified conditions. Apotex did not specify what information from its ANDA that it was willing to provide, and the conditions were unreasonably more stringent than the conditions customarily included in protective orders in ANDA litigation. 29. On September 11, 2013, Pfizer, through counsel, sent Mr. Omar Jabri,

Esq., the contact person listed in Apotexs Offer of Confidential Access, a letter (the Request

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for Confidential Access). The Request for Confidential Access was sent by Federal Express, and, upon information and belief, was successfully received by September 12, 2013. The Request for Confidential Access proposed certain modifications to the conditions specified in Apotexs Offer of Confidential Access, including the ability to share samples and data with expert consultants retained on behalf of Pfizer. The Request for Confidential Access also requested particular documents, data, and samples necessary to verify the accuracy of Apotexs noninfringement claims and to determine whether Apotexs ANDA Product infringes the 995 patent. 30. On September 16, 2013, counsel for Apotex and counsel for Pfizer

discussed the terms of Pfizers Request for Confidential Access. Counsel for Apotex made clear that absent a lawsuit, Apotex would provide only ANDA No. 204439 and the open part of the Drug Master File to which the ANDA makes reference. Apotex refused to provide any samples of the Apotex ANDA Product or other materials requested in the Request for Confidential Access, though counsel for Pfizer indicated that such materials were relevant to the determination whether Apotexs ANDA Product infringes the 995 patent. 31. This action is being commenced before the expiration of forty-five days

from the date of the receipt of the Notice Letter. COUNT I INFRINGEMENT OF U.S. PATENT NO. 8,372,995 UNDER 35 U.S.C. 271(e)(2) 32. forth herein. 33. Apotexs submission of ANDA No. 204439 for the purpose of obtaining Pfizer incorporates each of the preceding paragraphs 131 as if fully set

approval to engage in the commercial manufacture, use, offer for sale, sale, and/or importation of

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Apotexs ANDA Product prior to the expiration of the 995 patent was an act of infringement of the 995 patent under 35 U.S.C. 271(e)(2)(A). 34. Upon information and belief, the manufacture, use, offer for sale, sale,

marketing, distribution, and/or importation of Apotexs ANDA Product would infringe one or more claims of the 995 patent. 35. Upon information and belief, Apotex will engage in the manufacture, use,

offer for sale, sale, marketing, distribution, and/or importation of Apotexs ANDA Product with its proposed labeling upon approval of ANDA No. 204439. 36. Upon information and belief, the use of Apotexs ANDA Product in

accordance with and as directed by Apotexs proposed labeling for that product would infringe one or more claims of the 995 patent. 37. Upon information and belief, Apotex plans and intends to, and will,

actively induce infringement of the 995 patent when ANDA No. 204439 is approved, and plans and intends to, and will, do so after approval. 38. Upon information and belief, Apotex knows that Apotexs ANDA Product

and its proposed labeling are especially made or adapted for use in infringing the 995 patent, and that Apotexs ANDA Product and its proposed labeling are not suitable for substantial noninfringing use. Upon information and belief, Apotex plans and intends to, and will,

contribute to infringement of the 995 patent after approval of ANDA No. 204439. 39. Upon information and belief, after approval of ANDA No. 204439,

Apotex will, without authority, import into the United States and/or offer to sell, sell, and/or use within the United States, a product which is made by a process that infringes one or more claims of the 995 patent prior to the expiration of the patent.

10

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40.

The foregoing actions by Apotex constitute and/or will constitute

infringement of the 995 patent, active inducement of infringement of the 995 patent, and contribution to the infringement by others of the 995 patent. 41. Upon information and belief, Apotex has acted with full knowledge of the

995 patent and without a reasonable basis for believing that it would not be liable for infringing the 995 patent, actively inducing infringement of the 995 patent, and contributing to the infringement by others of the 995 patent. 42. Unless Apotex is enjoined from infringing the 995 patent, actively

inducing infringement of the 995 patent, and contributing to the infringement by others of the 995 patent, Pfizer will suffer irreparable injury. Pfizer has no adequate remedy at law. COUNT II DECLARATORY JUDGMENT OF INFRINGEMENT OF U.S. PATENT NO. 8,372,995 43. forth herein. 44. 45. Apotex has knowledge of the 995 patent. Upon information and belief, the manufacture, use, offer for sale, sale, Pfizer incorporates each of the preceding paragraphs 142 as if fully set

marketing, distribution, and/or importation of Apotexs ANDA Product would infringe one or more claims of the 995 patent. 46. Upon information and belief, Apotex will engage in the manufacture, use,

offer for sale, sale, marketing, distribution, and/or importation of Apotexs ANDA Product with its proposed labeling after approval of ANDA No. 204439. 47. Upon information and belief, the use of Apotexs ANDA Product in

accordance with and as directed by Apotexs proposed labeling for that product would infringe one or more claims of the 995 patent. 11

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48.

Upon information and belief, Apotex plans and intends to, and will,

actively induce infringement of the 995 patent when ANDA No. 204439 is approved, and plans and intends to, and will, do so after approval. 49. Upon information and belief, Apotex knows that Apotexs ANDA Product

and its proposed labeling are especially made or adapted for use in infringing the 995 patent, and that Apotexs ANDA Product and its proposed labeling are not suitable for substantial noninfringing use. Upon information and belief, Apotex plans and intends to, and will,

contribute to infringement of the 995 patent after approval of ANDA No. 204439. 50. Upon information and belief, after approval of ANDA No. 204439,

Apotex will, without authority, import into the United States and/or offer to sell, sell, and/or use within the United States, a product which is made by a process that infringes one or more claims of the 995 patent prior to the expiration of the patent. 51. The foregoing actions by Apotex constitute and/or will constitute

infringement of the 995 patent, active inducement of infringement of the 995 patent, and contribution to the infringement by others of the 995 patent. 52. Upon information and belief, Apotex acted without a reasonable basis for

believing that it would not be liable for infringing the 995 patent, actively inducing infringement of the 995 patent, and contributing to the infringement by others of the 995 patent. 53. Unless Apotex is enjoined from infringing the 995 patent, actively

inducing infringement of the 995 patent, and contributing to the infringement by others of the 995 patent, Pfizer will suffer irreparable injury. Pfizer has no adequate remedy at law. REQUEST FOR RELIEF WHEREFORE, Pfizer requests the following relief: (a) A judgment that Apotex has infringed the 995 patent; 12

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(b)

A judgment ordering that the effective date of any FDA approval for

Apotex to make, use, offer for sale, sell, market, distribute, or import Apotexs ANDA Product, or any product or compound the making, using, offering for sale, sale, marketing, distributing, or importation of which infringes the 995 patent, be not earlier than the expiration date of the 995 patent, inclusive of any extension(s) and additional period(s) of exclusivity; (c) A preliminary and permanent injunction enjoining Apotex, and all persons

acting in concert with Apotex, from making, using, selling, offering for sale, marketing, distributing, or importing Apotexs ANDA Product, or any product or compound the making, using, offering for sale, sale, marketing, distributing, or importation of which infringes the 995 patent, or the inducement of or the contribution to any of the foregoing, prior to the expiration date of the 995 patent, inclusive of any extension(s) and additional period(s) of exclusivity; (d) A judgment declaring that making, using, selling, offering for sale,

marketing, distributing, or importing Apotexs ANDA Product, or any product or compound the making, using, offering for sale, sale, marketing, distributing, or importation of which infringes the 995 patent, prior to the expiration date of the 995 patent, will infringe, actively induce infringement of, and/or contribute to the infringement by others of the 995 patent; (e) A declaration that this is an exceptional case and an award of attorneys

fees pursuant to 35 U.S.C. 285; (f) (g) An award of Pfizers costs and expenses in this action; and Such further and other relief as this Court may deem just and proper.

13

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Dated: September 27, 2013

/s/ Marcus E. Sernel, P.C.

Marcus E. Sernel, P.C. (#6243853) Reid P. Huefner (#6291648) KIRKLAND & ELLIS LLP 300 North LaSalle Street Chicago, Illinois 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 marc.sernel@kirkland.com reid.huefner@kirkland.com Attorneys for Plaintiffs Pfizer Inc., Wyeth LLC, Pfizer Pharmaceuticals LLC, PF PRISM C.V., and Pfizer Manufacturing Holdings LLC.

Of Counsel Thomas H.L. Selby David I. Berl Stanley E. Fisher WILLIAMS & CONNOLLY LLP 725 Twelfth Street, N.W. Washington, DC 20005 (202) 434-5000

14

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) PFIZER INC., WYETH LLC, PFIZER PHARMACEUTICALS LLC, PF PRISM C.V., and ) ) PFIZER MANUFACTURING HOLDINGS LLC, ) Plaintiffs, ) ) v. ) ) ) APOTEX INC., and APOTEX CORP. ) ) Defendants. )

Civil Action No. 13-6962

LOCAL RULE 3.2 STATEMENT Pursuant to Local Rule 3.2, Plaintiffs submit the following statements: (1) Pfizer Inc. is a corporation, has no parent corporation, and no publicly-held corporation owns 10% or more of its stock. (2) Wyeth LLC is a limited liability company whose sole member is Pfizer Inc. (5) Pfizer Manufacturing Holdings LLC is a limited liability company and is the managing and general partner of PF PRISM C.V.; 100% of the shares in Pfizer Manufacturing Holdings LLC are held by C.E. Commercial Holdings C.V., whose shares are, in turn, held by C.P. Pharmaceuticals International C.V. and Pfizer Transactions LLC. (3) PF PRISM C.V. is a limited partnership (commanditaire vennootschap) organized and existing under the laws of the Netherlands. Partners having an interest in PF PRISM C.V. are Pfizer Manufacturing Holdings LLC, Pfizer Pharmaceuticals Limited (whose shareholders are Pfizer Pharmaceuticals B.V. and Pfizer B.V.), C.P. Pharmaceuticals International C.V. (whose partners are Pfizer Inc., Pfizer Manufacturing LLC, Pfizer Production LLC, Pharmacia Hepar LLC, Wyeth Holdings Corp., and Wyeth-Ayerst International LLC), and PF PR Holdings C.V.

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(whose partners are PF Americas Holding C.V., PF PRISM Holdings S. r.l., and PF Prism S. r.l.). (4) Pfizer Pharmaceuticals LLC is a limited liability company and is a wholly-owned subsidiary of PF PRISM C.V.

Dated: September 27, 2013

/s/ Marcus E. Sernel, P.C.

Marcus E. Sernel, P.C. (#6243853) Reid Huefner (#6291648) KIRKLAND & ELLIS LLP 300 North LaSalle Street Chicago, Illinois 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 marc.sernel@kirkland.com reid.huefner@kirkland.com Attorneys for Plaintiffs Pfizer Inc., Wyeth LLC, Pfizer Pharmaceuticals LLC, PF PRISM C.V., and Pfizer Manufacturing Holdings LLC.

Of Counsel Thomas H.L. Selby David I. Berl Stanley E. Fisher WILLIAMS & CONNOLLY LLP 725 Twelfth Street, N.W. Washington, DC 20005 (202) 434-5000

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) PFIZER INC., WYETH LLC, PFIZER PHARMACEUTICALS LLC, PF PRISM C.V., and ) ) PFIZER MANUFACTURING HOLDINGS LLC, ) Plaintiffs, ) ) v. ) ) ) APOTEX INC., and APOTEX CORP. ) ) Defendants. )

Civil Action No. 13-6962

NOTICE OF CLAIMS INVOLVING PATENTS Pursuant to Local Rule 3.4, the Plaintiffs hereby give notice that the complaint includes claims for patent infringement and further provide the information required by 35 U.S.C. 290. The names and addresses of the parties are: (1) Pfizer Inc., 235 East 42nd Street, New York, New York 10017; (2) Wyeth LLC, 5 Giralda Farms, Madison, New Jersey 07940; (3) Pfizer Pharmaceuticals LLC, Bo. Carmelitas, Road 689, Km 1.9, Vega Baja, Puerto Rico 00693; (4) PF PRISM C.V., Blaak 40 basement, 3011 TA, Rotterdam, Netherlands; (5) Pfizer Manufacturing Holdings LLC, 235 East 42nd Street, New York, New York 10017; (6) Apotex Inc., 150 Signet Drive, Toronto, Ontario, Canada M9L 1T9; and (7) Apotex Corp., 2400 North Commerce Parkway, Suite 400, Weston, Florida 33326. The patent is U.S. Patent No. 8,372,995, entitled Crystalline Solid Forms Of Tigecycline And Methods Of Preparing Same.

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The inventors on the patent are Lalitha Krishnan, Subodh S. Deshmukh, Anthony Hadfield, W. James Huang, and Mannching Sherry Ku.

Dated: September 27, 2013

/s/ Marcus E. Sernel, P.C.

Marcus E. Sernel, P.C. (#6243853) Reid P. Huefner (#6291648) KIRKLAND & ELLIS LLP 300 North LaSalle Street Chicago, Illinois 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 marc.sernel@kirkland.com reid.huefner@kirkland.com Attorneys for Plaintiffs Pfizer Inc., Wyeth LLC, Pfizer Pharmaceuticals LLC, PF PRISM C.V., and Pfizer Manufacturing Holdings LLC.

Of Counsel Thomas H.L. Selby David I. Berl Stanley E. Fisher WILLIAMS & CONNOLLY LLP 725 Twelfth Street, N.W. Washington, DC 20005 (202) 434-5000